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West Virginia eliminates life without parole for children

West Virginia has eliminated the practice of sentencing children to die in prison. Every child convicted and sentenced in adult court will be eligible for parole no later than after serving 15 years. With this new law, West Virginia is among a growing number of U.S. states that have either abandoned this sentence or severely limited its use. The U.S. is the only country in the world that imposes this sentence upon children.

“We applaud West Virginia for responding in a meaningful way to the recent U.S. Supreme Court rulings that children are ‘constitutionally different’ from adults and should not be subject to our nation’s harshest punishments,” said Jody Kent Lavy, director & national coordinator of the Campaign for the Fair Sentencing of Youth. “This new law ensures young people are held accountable for harm they have caused in a way that accounts for their unique characteristics as children and offers them hope of a second chance.”

Gov. Earl Ray Tomblin signed HB 4210 into law on Friday. The bill passed with overwhelming bi-partisan support in the House of Delegates and unanimously in the Senate.

“This bill demonstrates that we take seriously our responsibility of caring for young people and for making sure our communities are safe,” said Sen. Corey Palumbo, D-Kanawha, Chair of the Senate Judiciary Committee. “Under HB 4210, children who are convicted of serious crimes will be held accountable for their actions. However, they will also be given a meaningful opportunity to demonstrate later in life that they have been rehabilitated and deserve a second chance. This bill represents our understanding that children are different from adults and that our courts need to take these differences into account when dealing with children. It is also sound fiscal policy for West Virginia, allowing us to maintain public safety while ensuring that we make the best use of our state’s limited financial resources.”

The U.S. Supreme Court ruled in Miller v. Alabama that it is unconstitutional to impose an automatic sentence of life without the possibility of parole for crimes committed as children. It also requires that sentencing authorities consider specific factors when children face the possibility of these sentences. Drawing on this guidance, HB 4210 requires the consideration of 15 specific factors when determining the appropriate sentence for a child convicted of a serious crime. Among these are the child’s age, role in the crime, intellectual capacity, history of trauma, family background and potential for rehabilitation.

HB 4210 will provide children with several opportunities to be considered for review and release. If parole is not granted at 15 years, review is available again every year for children who receive sentences short of a life term and every three years for children sentenced to life with parole in prison.

The United States Supreme Court, in three rulings during the past decade, has scaled back the use of extreme sentences for children. Policymakers throughout the country, opinion leaders as diverse as President Jimmy Carter and Former Speaker of the House Newt Gingrich, and editorial boards at the New York Times, Washington Post, Wall Street Journal and elsewhere have voiced their support for reform. When imposed upon children, life without parole is a violation of Article 37 of the UN Convention on the Rights of the Child, which expressly forbids life without parole sentences for children.

Formerly incarcerated youth: Supreme Court right that kids are different

I am a committed father who is working to keep kids out of trouble and our streets free of violent crime.

I also faced a possible sentence of life without the possibility of parole or the death penalty when I was only 16. I was convicted of third degree homicide instead of first degree murder and received a lesser sentence and served 8 ½ years behind bars. Since I was released in 1997, I have worked with hundreds of young men, trying to prevent them from entering the criminal justice system. Read more from formerly incarcerated youth...Edwin Desamour, Philadelphia

I was convicted of first degree murder and sentenced to 25 years in prison when I was 13 years old.

I had already spent time in the juvenile detention center on seven different occasions. Yet at such a young age, I didn't fully understand the ramifications of what had occurred; nor did I understand how so many lives -- including my own -- would be devastated because of my actions. I did not think the victim would die and I was not the actual killer, so I never imagined that I would face a long prison term. Only when I was transferred to adult court and spoke to my defense lawyer did I understand that I would likely spend decades in prison. I eventually plead guilty in order to avoid the 40-year sentence the state sought. Read more from formerly incarcerated youth...Xavier McElrath-Bey, Chicago

Mother tells her story of addressing the mental health issues that led to her son’s sentence

When my son was born, I knew very little about how kids typically behave. I was only 19 and he was my first child. His sister was not born for another 9 years.

During his formative years he was smart, quiet and obedient. He was in classes for gifted kids and showed talent in design and engineering at a very young age. He crafted elaborate building plans for spaceships, which at the time were very futuristic. I had no idea that he also suffered from a serious mental illness. Read more from families of incarcerated youth...Cat Lambert, Colorado

The mother of a 3-year-old homicide victim supports holding young people accountable for their crimes, but life-without-parole sentences for juveniles is not the answer.

Nearly 17 years ago, my three-year-old son, Casson Xavier “Biscuit” Evans, was killed in a drive-by shooting. I could not have imagined that I would someday want to see the shooter released from prison or that I would become an advocate for ending the practice of sentencing children to life in prison without the possibility of parole. Read more from families of victims...Sharletta Evans, Colorado

Bishops' Committee Joins Call To End Life Sentences Without Parole For Children

A committee of the U.S. Conference of Catholic Bishops (USCCB) has endorsed the principles of a national campaign to end the practice of sentencing people under the age of 18 to life in prison without the possibility of parole.

"While there is no question that violent and dangerous youth need to be confined for their safety and that of society, the USCCB does not support provisions that treat children as though they are equal to adults in their moral and cognitive development," said Bishop Stephen E. Blaire of Stockton, California, chairman of the committee. "Life sentences without parole eliminate the opportunity for rehabilitation or second chances." Read more from organizational partners...United States Conference of Catholic Bishops,

We did some dumb things as teenagers that might have caused a lot of harm. You probably did, too. Fortunately, we didn’t hurt anyone too badly, but we cringe now at how clueless we were about the possible consequences of what we did.

Teenagers often don’t make very good decisions. Our laws take this into account in many ways: We don’t let young people drink until they are 21, and they can’t sign contracts, vote or serve on juries until they are 18. But there is one area in which we ignore teens’ youth and impulsiveness: our criminal laws. Read more from opinion leaders...Newt Gingrich and Pat Nolan,

Letter from Individual Currently Serving to the Campaign for the Fair Sentencing of Youth

"And it is crystal clear to me if I got out today there is not an ounce of fiber in me that wants to be involved in anything criminal. There is so much more available in life, only a moron would want to live life like this. I believe change can be made, and a big reason for that is 'cause I see it in myself." Read more from people currently serving...Individual Serving Life Without Parole for a Crime Committed as a Youth,